Sale Deeds Must Be Interpreted Literally When the Language is Clear and Unambiguous: Supreme Court    |     Non-Signatory Can Be Bound by Arbitration Clause Based on Conduct and Involvement: Supreme Court    |     Right to Passport is a Fundamental Right, Denial Without Justification Violates Article 21: Allahabad High Court    |     Insurance Company's Liability Remains Despite Policy Cancellation Due to Dishonored Cheque: Calcutta High Court    |     Deductions Under Sections 36(1)(vii) and 36(1)(viia) of the Income Tax Act Are Independent and Cannot Be Curtailed: Bombay High Court    |     Diary Entries Cannot Alone Implicate the Accused Without Corroborative Evidence: Supreme Court Upholds Discharge of Accused in Corruption Case    |     MACT | Fraud Vitiates All Judicial Acts, Even Without Specific Review Powers: Rajasthan High Court    |     Right of Private Defense Cannot Be Weighed in Golden Scales: Madhya Pradesh High Court Acquits Appellant in Culpable Homicide Case    |     If Two Reasonable Conclusions Are Possible, Acquittal Should Not Be Disturbed: Supreme Court    |     Kalelkar Award Explicitly Provides Holiday Benefits for Temporary Employees, Not Subject to Government Circulars: Supreme Court Upholds Holiday and Overtime Pay    |     NDPS | Homogeneous Mixing of Bulk Drugs Essential for Valid Sampling Under NDPS Act: Punjab & Haryana High Court    |     Pre-Arrest Bail Not a Right but an Exception: Himachal High Court Denied Bail In Dowry Death Case"    |     POCSO | Scholar Register Is Sufficient to Determine Victim’s Age in POCSO Cases: Madhya Pradesh High Court    |     Abuse of Official Position in Appointments: Prima Facie Case for Criminal Misconduct: Delhi High Court Upholds Framing of Charges Against Swati Maliwal in DCW Corruption Case    |     Service Law | Similarly Situated Employees Cannot Be Denied Equal Treatment: PH High Court Orders Regularization    |     Presumption of Innocence Remains Supreme Unless Clearly Overturned: PH High Court Affirming Acquittal    |     Any Physical Liaison with A Girl Of Less Than Eighteen Years Is A Strict Offense.: Patna High Court Reiterates Strict Stance On Sexual Offences Against Minors    |     Orissa High Court Rules Res Judicata Inapplicable When Multiple Appeals Arise from Same Judgment    |     Mandatory Section 80 Notice Cannot Be Bypassed Lightly:  Jammu & Kashmir High Court Returns Plaint for Non-Compliance    |     Bombay High Court Denies Permanent Lecturer Appointment for Failing to Meet UGC Eligibility Criteria at Time of Appointment    |     Deferred Cross-Examination Gave Time for Witness Tampering, Undermining Fair Trial: Allahabad High Court    |     Dowry Death | Presumption Under Section 113-B Not Applicable as No Proof of Cruelty Soon Before Death : Supreme Court    |     Gift Deed Voided as Son Fails to Care for Elderly Mother, Karnataka High Court Asserts ‘Implied Duty’ in Property Transfers    |     Denial of a legible 164 statement is a denial of a fair trial guaranteed by the Constitution of India: Kerala High Court    |     Safety Shoes Used as Weapon Meets Mens Rea Requirement for Murder: Rajasthan HC on Bail Denial    |     Fraud on the Courts Cannot Be Tolerated: Supreme Court Ordered CBI Investigation Against Advocate    |     Land Acquisition | Jaiprakash Associates Ltd. (JAL) Liable for Compensation under Supplementary Award, Not Ultra-Tech Cement Ltd.: Supreme Court    |     Non-Mentioning of Bail Orders in Detention Reflects Clear Non-Application of Mind: J&K High Court Quashes Preventive Detention Order    |     Conviction Under Arms Act and Criminal Conspiracy Quashed Due to Non-Seizure of Key Evidence and Failure to Prove Ownership of Box: Jharkhand High Court    |     Prima Facie Proof of Valid Marriage Required Before Awarding Maintenance Under Section 125 Cr.P.C: Calcutta High Court Sets Aside Interim Maintenance Order    |    

Compensation For Consortium Cannot Be Denied To A Child Born Posthumously: Delhi High Court Upholds Rights Of The Unborn In Accident Claims

07 May 2024 8:19 AM

By: Admin


In a significant judgment passed by the High Court of Delhi, Justice Dharmesh Sharma addressed complex issues regarding the assessment and quantum of compensation in motor accident claims.

Legal Background and Facts: The case arose from an appeal by Reliance General Insurance Co Ltd against a compensation award concerning a motor accident that resulted in the death of Sanjay Aggarwal. The appellant contested the calculations made by the Motor Accident Claims Tribunal regarding the deceased's income, dependency, and additional allowances granted to his family, including his wife who had remarried and their minor children.

Dependency and Income Assessment: The court reviewed the Tribunal's approach to calculating the deceased's income and dependency. It noted errors in the dependency calculation that failed to appropriately consider the income sources that continued posthumously and the remarriage of the deceased's wife.

Compensation for Consortium and Love & Affection: The court specifically addressed the issue of compensation for loss of consortium, emphasizing the entitlement of the child born posthumously to this claim. Justice Sharma remarked, "We need to appreciate that the child had lost the love and affection and comfort of her father even before she was born."

Adjustments in Compensation: The final compensation was recalculated based on adjusted income figures and legal precedents which included revised awards for funeral expenses, loss of consortium, and overall dependency calculations.

Decision: The court modified the initial compensation, setting the total to Rs.25,60,880 with an interest rate reduced from 9% to 7.5% per annum. Furthermore, the court mandated that the compensation be deposited within four weeks to avoid a penal interest rate of 12% per annum until realization. The distribution of the compensation was also specified, with portions allocated to the deceased's wife, daughters, and parents.

Date of Decision: April 15, 2024

Reliance General Insurance Co Ltd. vs Jagdish Prasad Aggarwal & Ors

 

Similar News